The means of intervention available to international organizations in humanitarian law and the role of institutions in protection of human rights. Case study Kosovo
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Date
2011-09
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Kampala international international: School Of Law
Abstract
The means of intervention available to international organizations and the applicability of international humanitarian law to the activities of international organization m particular the UN, lCRC and the capacity of international humanitarian law applicable to action by international organization and the existence of armed conflict in Kosovo and other parts of this world and the protection of Human Rights. The advent of the human rights revolution post-World War II heralded human rights as universal. The Convention for the Protection of Human Rights and Freedoms, more commonly known as the European Convention of Human Rights, explicitly states in the Preamble that one of its purposes is to "take the first steps for the collective enforcement of ce1iain of the rights stated in the Universal Declaration.” The problem is that European human rights law continues to demarcate “insiders" and "outsiders." This article examines how this separation was preserved in the NATO bombing case (Bankovic et al. v. Belgium et al.). In my view, Bankovic is the most egregious decision in the history of the European Court of Human Rights. In arriving at its conclusion that the Convention's rights in principle end at the territorial boundaries of "Europe," the Court both reconstructed the Convention itself and misconstrued its own previous case law in this area. Beyond that, the decision evinces a vision of human rights that, ultimately, is inimical to the very purpose of human rights and the challenges involved in intervention failures and success of such operations.
Description
A dissertation submitted to the faculty of law in partial fulfillment of the requirement for the award of the degree of bachelor of law of Kampala international university
Keywords
Humanitarian law, international organizations, Kosovo, Human rights, Institutions in protection